was done a.p. duped over the edits and everybody is angry over the irs. >> bret: thanks for inviting us into your home tonight. that's it for "special report," fair, balanced and unafraid. fortunately a special report online starts right now. >> shepard: big news out of washington in 45 seconds. but, first, facing death. the convicted murderer jodi arias is now one step closer to dying for her crime. a short time ago a jury in arizona found that jodi arias is, in fact, eligible for the death penalty. that jury found areas acted with extreme cruelty when she shot her ex-boyfriend, slit his throat ear to ear and stabbed him 27 times. just watch as she sat stone-faced in court as she learned she could face lethal injection. >> we the jury duly emand and sworn upon our action upon oaths find that the factor especially cruel has been proven signed foreperson. >> shepard: you may

remember just after her conviction jodi arias said she wanted to die that death would come as a relief. much more on the jury's ruling and what's next for the convicted killer coming up inside fox report. but, first, we're following many breaking news stories today. the first, forced out. president obama says the acting commissioner of the irs is gone tonight because of what the president calls inexcusable misconduct. irs workers unfairly targeting conservative groups applying for tax exempt status. >> americans have a right to be angry about it and i am angry about it. i will not tolerate this kind of behavior in any agency but especially in the irs. given the power that it has and the reach that it has in all of our lives. >> shepard: the president says he is also ordering changes at the irs to make sure something like this does not happen again. wendell goler live at the white house. wendell? >> well, shep, it's not surprising heads rolled over. this house speaker john boehner signaled he would accept nothing less.

the white house still hasn't decided if they should take action in anyone involved in the justice department subpoena of a.p. phone records. president talked to reporters after a meeting with treasury secretary jack lew and announced that lu -- lew had taken action. >> secretary lu took the first step accepting the resignation of the irs. given the situation surrounding this audit it's important to institute new leadership that can help instill confidence going forward. >> acting commissioner stephan miller released a statement of his own that said, in part, quote: there is a strong and immediate need to restore public trust in the nation's tax agencies. as i wrap up my time at the irs, i will be focused on an orderly transition. the officials had initially blamed mid level officers in charge of the irs tax exempt status program which is based in cincinnati. republican lawmakers insisted that the higher ups were at least responsible if not involved. the treasury department

inspector general insists that none of the actions were taken based on political motivation. the targeting of tea party groups for extra scrutiny. shepard. >> shepard: wendell goler, thank you. earlier today a top republican in congress said it's not enough for people to lose their jobs. the house speaker john boehner says it's obvious somebody broke the law. now, my question isn't about who is going to resign. my question is who is going to jail over this scandal. >> shepard: the attorney general eric holder says the fbi has launched a criminal investigation of the irs. he says possible charges include civil rights violations and making false statements. mike emanuel live on capitol hill. mike, republican leaders say they're planning their own investigation, right? >> shep, shatter. and senate republican leader mitch mcconnell says if the president is serious about getting answers about what went on at the irs. he will work with them and make sure there is no stonewalling no, half answers, no witnesses withheld. bottom line earlier today mcconnell told me he was not surprised by the activity at the irs.

>> well, i'm inclined to say i told you. so i was talking about this a year ago when tea party groups in my state indicated they were being harassed by the irs. clearly, that was happening. it took an i.g. report for them to fess up to it. >> so while the acting commission is leaving, republicans are saying the investigation will be thorough. that includes house oversight chairman darrell issa calling five irs witnesses to come up here for transcripted interviews. it's not under oath but it is a crime to lie to congress, shep. >> shepard: mike, what are we hearing from democrats? >> well, they are saying there is no defense for what went on at the irs. and the head ahead of the president's announcement a key democrat who will be a key figure in a hearing on friday said it is time for change. >> i think it spells out mismanagement. i think total mismanagement. i think it spells out the lack of oversight. and, also, it is really

clear that mr. miller and ms. learner did not come forth and give us and the congress in our committee current information. >> moments ago congressman levin issued a statement saying that the change at the sirs a vital first step, shep. >> shepard: mike emanuel on the hill, thanks. mike bussey the assistant editor of the "wall street journal" which is owned by the parent company of this network. it just keeps coming. >> it does. look, there is a reason by president obama decides to come out and speak to the nation to the press, to the nation on this particular issue. there is a lot else going on in washington. it's the irs. it touches all of us. this was abusive by the irs that singled out conservative groups at a time when they were becoming more and more influential in a run-up to a midterm election. this is really kind of problematic from a lot of different perspectives. and i think that the president wanted to make really clear that he understood that. that this is kind of bipartisan condemnation of

the irs. heed intoed to get out in front of this. whether or not he has remains to be seen. there is going to be congressional investigations. the department of justice is investigating whether or not there was any criminal breach. this is going to be with us right until the 2016 election. >> shepard: not as if people just found out about this. it's clear this was known. >> that's right. which complicates the issue even further, right? there were complaints for quite some time, the agency had been saying this was not happening. in fact, it was. and congress feels that it was lied to. and, at the end of the day. this is an institution the irs that has in an immense power to audit any of us. to tax us, to question in the case of the tea party groups their tax element settlement status. so abuse of that power does not sit well with the public that already has its suspicions about the irs. >> shepard: it's hard to imagine a worse time. we're in that period between the time when most of us have filed our taxes and before the time that some of us get refunds.

so, irs is a top of mind thing with or without this. >> yes. couldn't be a worse time for president obama either. probably no good time. but he just won re-election. he is in the midst of trying to get his cabinet approved. he has an agenda for his second term. all of that now is getting overshadowed by things like benghazi. like a.p. investigations. but, particularly by this particular breach. this irs problem. >> shepard: john bussey from the "wall street journal" and wsj.com. thank you. >> yes, sir. >> shepard: a lot of news breaking as fox reports tonight including brand new information about who changed the talking points after the attack on our u.s. consulate in benghazi. late today, the white house released more than 100 pages of emails, documenting the discussion within the administration surrounding that terrorist attack. james rosen sorting through those reports now and will bring them to us in a live report from washington next. and the jury has decided in this hour as we reported

that jodi arias is eligible for the death penalty. latest on a live report plus legal analysis what should happen next. there is so much more from the journalists of fox news on this wednesday fox report. the wright brothers became the first in flight. [ goodall ] i think the most amazing thing is how like us these chimpanzees are. [ laughing ] [ woman ] can you hear me? and you hear your voice? oh, it's exciting! [ man ] touchdown confirmed. we're safe on mars. [ cheers and applause ] ♪ hi. [ baby fussing ] ♪ if you're suffering from constipation, miralax or metamucil may take days to work. or faster relief, try dulcolax laxative tablets. dulcolax provides gentle relief overnight unlike miralax and metamucil that can take up to 3 days. for predictable relief try dulcolax.

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they're rate suckers. their bad driving makes car insurance more expensive for the rest of us. good thing there's snapshot from progressive. snap it in and get a discount based on your goodriving. stop paying for rate suckers. try snapshot free at progressive.com. >> shepard: continuing coverage much breaking news, now we have nearly 100 pages of white house emails which show how the administration helped develop the talking points after the attacks of september 11th last year. the attacks on our consulate in weapon gaze, libya. and how some of those talking points ultimately changed. remember, we have learned that officials had removed references to previous attacks in libya and to an al qaeda linked terror group from earlier drafts of the talking points. information that the ambassador susan rice delivered to the world. newly released emails may paint a clearer picture how much input the white house actually had. four americans died in last year's attack on that

consulate. including our ambassador to libya chris stevens. james rosen has been going through the emails and has a report for us now. james? >> shep, good evening. these 94 largely repetitive pages of white house, cia, and state department emails, mostly dated friday, september 14 raise still further questions. the documents show then state department spokeswoman victoria nuland repeatedly pressing interoffice colleagues so soften the discussion of the perpetrators of the attacks. the line about knowing there were extremists among the demonstrators will come back to us at podium, nuland said. how do we know? who are he they? et cetera. that she wrote at 7:16 p.m. 23 minutes later she emailed again saying quote i just had a convo with redacted name and added on that basis i have serious concerns about all the parts highlighted below, and that's when nuland argued as we have previously reported that language about the cia's prior security warnings in benghazi should be stricken. at 6:48 p.m. that day a white house aide cautioned

that john brennan, then white house staff now director of cia, quote: will have edits and brennan's changes passed along four minutes later included striking a line about the intruders having hailed from across many sectors of libyan society. that contradicts press secretary jay carney's claim this week that the white house's only change was a stylistic one replacing consulate with diplomatic facility late in the process. at 9:is15 that night september 14th. a cia official told his colleague at langley here is where we stand as of this hour. everyone has submitted coordination comments. the state department had reservations with much or most of the document they revised the document with their concerns in mind. half hour after that 9:had 5 a cia official noted fyi al qaeda not al qaeda in the islamic agim was involved and he they are pursuing that theory are we clear to send to congress in the answer came back no. and the scrubbing process only accelerated the next

day, a saturday, when deputies met privately in the white house to reshape these talking points further, ultimately going through 12 versions, shep? >> shepard: james rosen in washington, thanks. that bizarre bust of an accused cia spy in russia just got a lot stranger. russian officials now say he is the second american spy they have caught this year. according to state controlled media there in russia today. they deported another american back in january. accused him of being a cia operative. u.s. officials again have no comment. this comes after russia announced just yesterday it's deporting a diplomat with the united states embassy in moscow. they say they caught him red-handed trying to recruit a russian agent into espionage. here is a picture from the takedown. you can see he is wearing a wig. one of the wigs the russian agents say they found on him. they say he was also carrying sunglasses, a compass and piles of cash. even a letter promising a million bucks a year if that russian agent cooperated with the cia. again, no comment from the

spy agency. the state department does confirm the man is an employee but it will not give any details about his job. an american captive in north korea has started serving his 15-year prison sentence there in what officials in that hermit kingdom call a special prison. we don't know what that means. north korea convicted this washington state man of trying to topple the country's government. friends say he was just a tour guide who would travel to north korea orphans, tensions between the west and north korean leader kim jong u.n. officials in the u.s. have demanded the prisoners' release. some suggest the country may be trying to use the american in standoff with nuclear program. continuing coverage of the white house controversies. we will get reaction from dana perino, the former white house spokesperson under president george w. bush. plus, the justice department spying on journalists.

>> i'm troubled by the notion that our government would per si sue such a broad away of media phone records. >> shepard: investigators say they needed to find a dangerous leak. >> i would like to try to pin down who authorized the subpoenas for the a.p. >> shepard: now president obama catching some criticism and questions about his leadership. tonight, you will hear from both sides. and, it's like the 90's all over again as o.j. simpson takes the stand to try to talk his way out of his prison sentence. >> did you ever hear any talk about weapons? >> no. >> did you ever see any weapons? >> no. >> shepard: tonight, o.j.'s play for freedom.

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>> shepard: the attorney general eric holder got a

talking to from members of both parties today about the justice department's decision to go after phone records from the associated press. attorney general holder defended the move. but he said again he had nothing to do with it it he says he recused himself from the investigation of a national security leak after the fbi questioned him as part of that investigation. catherine herridge in our d.c. newsroom tonight. catherine, it got a little testy. >> well, it did, shepard. in a series of direct questions the attorney general claimed no knowledge knowledge of the investigation nor the decision to seize those a.p. phone records. >> why was such a broad scope approved? >> i am not familiar with the reasons why the subpoena was constructed. >> the a.p. was amenable to working with you on this matter. >> again, mr. chairman, i don't know what happened there. >> the hearing democrats also voicing their discomfort. >> it seems to me clear that the actions of the department have, in fact, impaired the first amendment.

>> the decision to take himself out of the leak investigation, much to the surprise of lawmakers, there was no paper trail nor a written record of that decision, shep. >> shepard: and catherine, democrats note there is some hypocrisy here. >> that's right, one democrat calling out the committee's republican leadership claiming it was just last year they pushed for these aggressive national security leak investigations. >> now, of course, it is convenient to attack the attorney general for being too aggressive or the justice department as being too aggressive. >> and we can expect more tomorrow. the fbi director is on the hill and, of course, it's his agents that are prosecuting this leak case, shep. >> shepard: catherine, thanks. a tough week for the white house. dana per reason into co-host of the five served as press secretary for george w. bush. i can't think anybody that has a tougher job these days than the man who has your old job. >> a tough job but one that is an important job right now to help steer the administration out of these crises and then hopefully, if they can, get back on to some sort of proactive

agenda. >> shepard: the question for jay carney, especially yesterday is, about journalists and hash tag unfettered, that was the word of the day. he just kept saying the president believes journalists should have unfetter the access and all the rest for investigative journalism. when you say the same thing over and over and over like that. that means you have one talking point. what does that strategy say to us? >> it means they don't have a lot else to say. you heard today even the attorney general because he said he recused himself from it doesn't have much to say. nobody seems to know anything about anything. there is is no record of anything. it is easier to be transparent if you don't write anything down then you have nothing to say. the reporters, sometimes you have to let them get it out of their system. you know that they are going to come after you and you have to just run the clock. today what they tried to do is flood the zone with getting out the benghazi emails and irs. >> shepard: for those of you who haven't been watching tv all day at 5:00 we got 94 pages of benghazi emails. >> right. >> shepard: then minutes

later we learned the president was going to speak at 6:00 eastern time. he didn't speak at 6:00. he went off the air moments before the three nightly airings of newscast this was core greater weight of the evidence. >> and poorly choregraphed. >> he is not that guy and never has been. >> the content was very week teeth. this is not going away. i learned tonight a friend of mine. >> shepard: some news here for you a little news to break. >> if you saw the president's statement you would thinking the acting irs commissioner was leaving tonight and pack his bag. >> not the case. he will be a week or two longer. importantly, shep, he will testify on friday at the bipartisan hearing that was already set up. i think a lot of people thought if there is not an acting commissioner we will not have a hearing. he will testify as acting commissioner. as i understand it, the white house did not want this hearing to go forward. they did not want him to testify but he will and

maybe we will learn a little bit more why would they have said only two rogue employees at the irs. if you are jay carney you have so many different threads to pull. important to compartmentalized and delegate and swallow any sarcasm at the podium. reporters are not in the mood to joke around. the person who could do this the best mike mccurry bill clinton's press secretary. he was in the middle of the lee enscwi secretary. i'm double parked in a no comment zone. one of the best lines ever for a press secretary. do you end up in a tough spot. some of these tough spots you get yourself into. >> bill: depends on what the definition of is. >> or there there, or if. >> shepard: there is no there there. >> right. i think there is something there. >> shepard: it looks like it. thank you, dana. life or death battle over jodi arias. jurors say the convicted killer is now eligible for the death penalty. this is breaking news in the last hour. but that does not mean she is necessarily getting

executed. again, we'll have what's going to happen next beforeny any final decision on her fate. that and the news that's dropping across d.c. and across the country as we approach the bottom of the hour and the top of the news as fox reports live tonight. coming in and going o. so you can understand every angle of your cash flow- last week, this month, and even next year. for seeing your business's cash flow like never before, introducing cash flow insight powered by pnc cfo. a suite of online tools that lets you turn insight into action.

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[ dennis ] allstate wants everyone to be protected on the road. whether you're an allstate customer or not. all you have to do is call. [ female announcer ] call and sign up for good hands roadside assistance today. [ dennis ] are you in good hands? >> shepard: crews are cleaning up thousands of gallons of gasoline from coastal waters after a shrimp boat went up in flames. that tops our news across america.

florida, it happened last night in tar pin springs, an area known for sponge fishing industry. the fire broke out near the wooden vessel's cabin shortly after the boat's owner had pumped $18,000 worth of diesel fuel into the craft. >> everything i have got is in that boat. i don't have no insurance. like a lot of commercial fishermen, they don't insure wooden boats anymore. >> shepard: firefighters battled the flames for hours are a they set fire to part of a dock. no word of anybody hurt and no word of a cause. eight families have evacuated after a string of sink holes swallowed their homes 100 miles north of san francisco. some early science of deterioration. can you can see some homes broke into pieces and dropped at least 10 feet below the street. the ground is so unstable heavily machinery cannot do demolition work and the post office has cancelled mail delivery to the area. at least 10 other houses

are at risk. maryland. a fire broke out beaten neath a metro train just north of d.c. one witness says she heard a loud bang and thought a bomb had gone off. crews put out the flames in about 30 minutes. nobody got hurt. metro officials say a mechanical issue likely caused it. and that's a fox watch across america. >> shepard: i'm shepard smith. this is the fox report. it's the bottom of the hour. time for the top of the news. and there is breaking news. a convicted murderer jodi arias may soon get her death wish. less than 90 minutes ago jurors in arizona determined arias is eligible for the death penalty for killing her ex-boyfriend travis alexander. in doing so, in an especially cruel manner. >> state of arizona vs. jody ann arias verdict count 1, aggravating factor especially cruel.

we the jury, duly impaneled and sworn in the above entitled action upon our oaths find the aggravating factor especially cruel has been proven. >> shepard: she didn't flinch, not a bit. next or last week that same jury convicted jodi arias of murdering travis alex annual der, stabbing him, shooting him, slightd his throat. she did cry today during the proceedings as the prosecutors described his death and showed those photos of his remains. arias herself has said she wants to die. that's what she says. of course, it's not her decision. it's up to a judge and jury. trace gallagher live with this. trace, explain what happens next. >> while the penalty phase begins tomorrow morning 10:30 arizona time. the same jury that convicted jodi arias will decide whether she lives or dies. we expect this to be a mini trial maybe a week or two. expert witnesses, more gruesome testimony. but we also expect to hear from the families of both jodi arias and travis

alexander. so it clearly will be emotional. and keep in mind the prosecution can also use the interview that jodi arias gave to our local fox affiliate where she said she wants to die. here is part of that. >> i said years ago that i would rather get death than life and that still is true today. i believe death is the ultimate freedom. so i would rather just have my freedom as soon as can i get it. >> you mentioned that when the verdict was read, she didn't flinch, shep. but courtroom observers say that as she went to greet her attorneys, jodi arias was actually smiling a little bit. shep. >> shepard: fort defense, the one play here was hoping that she didn't have to go through this death penalty phase but it was a long shot. >> yeah, it was a long shot because they had to counter the medical examiner's testimony that said that travis alexander was trying to fight back when she was attacking him. that he had cuts on both the front and the back of his hand, he show pg he was trying to deflect the knife blows and that several blows hit some vital organs, certainly causing

severe pain. so the defense was left to say that the pain was limited by adrenaline. here is the defense attorney. >> have you been given proof beyond a reasonable doubt. are you firmly convinced that adrenaline was kicking in and when exactly mr. alexander lost consciousness? as tough as that might be to examine, that is the task before you today. >> clearly the jury was convinced 's rg> shepard: trace, there are more than 120 death mates in arizona. they spent an average of 12 years there waiting to die. with us now fox news legal analyst mercedes colwin live on set. not a big surprise. >> not at all. certainly, look at what happened here. the multiple stabs close to --times soliciting the soliciting him in -- slitting the throat.

classic stopped the jury for two minutes. a long time when all you do is you are silence for two members. you can feel the agony that that man went through. >> shepard: this next phase how does that go down? >> negligence phase is whether she will get the death penalty. the family will come forward. the family will testify. she told us that she was being abused. this is a woman who is a very -- they are trying to spare her life. the prosecutor is going to put travis' family and she took his life. look how she took his life. there will also be testimony again about the manner in when he died which is obviously horrific. >> shepard: prosecution without question. now, i'm getting no matter what comes out of her mouth chances are that jodi arias ♪ telling the truth. we have history as the guide. she is telling the truth she does want to die. isn't it possible that the defense at her instruction could put no defense up? >> might not. certainly you can could certainly say that. this is all psychological games here. i don't want to die if i say i want to die. this jury already hates me

i try to convince them of my innocence. i stood on that defense and that table for 18 days. it's amazing that she took the stand for 18 days. most defendants don't even take the stand. she was on there for 18 days trying to create a rapport, it didn't work. they found her to have slaughtered travis and now they found it's in a heinous way. >> shepard: whether it is remorse is a side item. forever purposes of the court, wouldn't her defense attorney suggest to her that she express some sort of remorse in this life or death phase? >> certainly at this point because at this point you are going down. everything is cratering. your defense crater dollars they didn't believe you were abused. they didn't believe you did this in a heinous way. how could they have knowing the facts of this case. number three maybe you should show a little remorse and say you are sorry. don't blame the victim. play it this way, that might work and maybe then your life will be spared. >> shepard: maybe, mercedes cohen, we will watch it thank you. >> thank you. >> shepard: breaking news coverage next. we will talk to a close friend of travis alexander, the victim in this case. coming up what that friend

thinks of the news that jodi arias could meet the same fate as her victim. and all the big news breaking from washington. our coverage continues after this. [ musick ] i knew there were a lot of tech jobs

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prosecutors are expected to call on travis alexander's relatives to talk about his life and his death while jodi arias' lawyer presumably, will attempt to convince the jury she doesn't deserve to die. trace gallagher again with us. trace, jodi arias could elect to speed up this whole process. >> she can. she can address the jury, shep, and tell them that she believes that death is the proper punishment. and if the jury agrees with her, beyond that, jodi arias could then drop all of her appeals. keep in mind that in the state of arizona death penalties automatically are appealed to the state supreme court. that, in itself. takes a few years. beyond that if she shoes not to fight. she can speed up the process and there is precedent back in 1987 a man who killed dropped all of his appeal executed five years later and tonight the arizona attorney general has issued a statement saying that if she does not fight, jodi arias could be executed by 2017. though a woman in arizona

has not been executed since 1930. shep? >> shepard: trace, thanks. with us chris hughes a close friend of the victim and the victim's family. chris, thank you. >> hey, you bet, shep. >> shepard: how is this sitting with the family? >> you know, i haven't talked to them. my wife has been with them. i can only guess that it is a great day for the alexanders and the american justice system as well. >> shepard: this next phase tomorrow, you as a close friend of the victim and the victim's family, this is not going to be easy. >> no. it's not. i feel terrible for the family for, you know, that they have got to do this. but i know that they want to do this. you know, this will begin the healing process for them to be able to look her in the eyes and tell her what she has done to them by taking their brother in such an inhumane way. >> shepard: does anybody think that by some chance or happenstance she wants

to die. >> i don't know. she a game player and manipulator. i say give her what he she wants. if that's what she wants. give it to her. i don't understand her. it's not for us to understand a cold-hearted murderer. see how it plays out. >> shepard: how is the family doing? >> you know, i was with them when the original verdict came in, guilty premeditated murder and i haven't seen them that happy. it was just an amazing day. this is -- today was brutal. watching mr. martinez do his job. he did what he had to do. you know, dug up all of the really terrible feeling. you know, having to see, again and again and again how travis was murdered and what the last moments of his life were like. so, i know that they are struggling emotionally but they are very pleased with how justice has been brought to travis. in these proceedings. >> shepard: chris hughes, friends of the victim. chris, thank you. >> thanks, shep.

>> shepard: underwater explosions as the united states navy steps up mine security in the persian gulf. that tops our news around the world in 80 seconds. bahrain. [explosion] >> the fifth fleet hosting and organizing the drills which involve more than 40 other nations and more than 6,000 troops. navy officials say they are testing several marine security devices, including the unmanned sea fox. it's reportedly equipped sonar and explosive charges designed to shoot and destroy mines. the drills will continue through the month. sri lanka. a deadly sigh lone tore through the country killing at least 8 people and hurting more than a dozen others. the storm brought heavy rains and landslides which government officials say affected more than 11,000 people. belouise, construction

crews --ing line stom stone for road gravel. archaeologists say they are outraged and demanding the government protects what remains of the pyramid. one of just four ancient my an sites in the region. china, an off road delivery truck race in an eastern province. dozens of drivers from ten teams will compete for the next six months on the five city course which features stair climbs and a five foot deep water hole. and that's a wrap on this fox trip around the world in 80 seconds. >> moments ago, we got a brand new statement from the white house regarding benghazi. and the terror attack on our outpost there. we'll have this new statement for you in just a moment. the man accused of imprisoning and sexually assaulting three women inside his home in cleveland for about a decade will plead not

guilty. that's according to the lawyers for aerial castro. they also claim their 52-year-old client is not a monster, despite the allegations against him. last week prosecutors charged castro with kidnapping and rape. one of his attorneys says castro is on suicide watch inside his jail cell. he t. was just more than a week ago that one of these alleged captives, amanda berry triggered there dramatic rescue when she managed to scream for help. castro fathered a child with berry according to authorities. castro also found that now 6-year-old girl inside the home. o.j. simpson back in court today. is he doing prison time for kidnapping, armed roshed and assault with a deadly weapon he says it's not really o.j.'s fault. who does oil o.j. blame? plus the 12-year-old boy accused of murdering his little sister. that child's family is still standing by him. >> i'm with my brother 100%. >> shepard: what happened

in that young boy went before a judge coming up. why are twice as many people choosing verizon over any other carrier? many choose us because we have the largest 4glte network. others, because of our reputation for reliability. or maybe it's because we've received jd power and associates' customer service award 4x in a row. in the end, there are countless reasons. but one choi. we don't let frequent heartburn come between us and what we love. so if you're one of them people who gets heartburn and en treats day after day... block the acid with prilosec otc and don't get heartburn in the first place! [ male announcer ] one pill each morning. 24 hours. zero hearurn.

>> just in and brand new on the attack on our consulate in benghazi. if you have been following this saginaw you know that there were leaked emails to different news organizations, some which appeared to contradict each other to some of those who read them. so now we have just gotten this email from the white house. this is from the spokesman there, eric schultz. and it reads: despite the fact that he emails relating to the benghazi talking points were maids available to members of congress several months ago. in recent days, these emails have been selectively and in inaccurately read out to the media to make clear that is and what is not in these emails. today the white house took the extraordinary step of releasing these emails. again, this is from the white house spokesman and it continues. you you can now see what the congress has seen.

collectively these emails make clear that the interagency process, including the white house's interactions were he focused on providing the facts as we knew them based on the best information available at the time and protecting an ongoing investigation. after 11 hearings, 25,000 pages of documents, and now this release, we can hopefully spend our time working on what's important. what we can do together to ensure those serving their nation overseas are better protected than they were last september. that from the white house spokesman minutes ago. the 12-year-old boy whom prosecutors claim stabbed his little sister layla fowler to death appeared in juvenile court today. the little boy's families was on hand for the arraignment in northern california. were multiple times if he understood the second degree murder charges against him. each time he said he did. he did not enter a plea and will remain behind bars for now. last month, the boy and his

8-year-old sister layla were the only ones at home the day she died. he claimed at first he saw a long-haired stranger running away from their family's home after attacking leila. the father insists now the family stands by the son until the evidence suggests there is no other option. o.j. o.j. simpson is blaming somebody else for his crimes. this time it's his lawyer. the former football great one time murder suspect and current prison inmate testified today in las vegas. is he trying to convince a judge to give him a new trial. right now, o.j. is serving a sentence of 9 to 33 years for a dozen charges including kidnapping. armed robbery and assault with a deadly weapon. it's all related to a sort of sting operation that o.j. admits he organized in vegas back in 2007. when he confronted a memorabilia dealer or series of them really to, as he put it, get my stuff back. and he says his own lawyer gave him the go ahead for this plan.

>> do you think that you are acting legally -- >> -- yes. >> in what you were doing. >> yes, i do. >> why is that? >> well, it was my stuff. i followed what i thought the law, my lawyer told me you can't break in a guy's room. i didn't break into anybody's room. i didn't beat up anybody. i didn't try to muscle the guy. >> shepard: o.j. also said his lawyer kept asking him for money to cover huge defense costs. hundreds of thousands of dollars. >> i thought it was kind of expensive, but i spent a lot of money on lawyers so, you know, this was nothing. you know, compared to what i had been spending in the past on lawyers. >> shepard: compared to that dream team. a reference, of course, compared to the previous legal trouble the so-called trial of the century in '95 when a jury acquitted him of killing ex-wife nicole brown simpson and her friend ron goldman. jury found him libel for

their deaths and ordered him to pay $33 million to the families. by all accounts he didn't do that he played some golf in between hunting for the real killer, as he put it now fast forward to his problems in vegas where o.j. simpson is now hunt foorg new trial. and his freedom. "the fox report's" correspondent jonathan hunt is live in our newsroom and you covered simpson' vegas trial back in 2008. remind us how that played out. >> yeah, shep, the whole incident went down at the palace station casino. hardly the most sumptuous establishment in vegas with rooms available tonight at $29. 24 if you can wait until tomorrow. back in 2007, o.j. simpson and his cohorts were seen on the hotel security cameras walking through the lobby and heading for the room where they had arranged to meet two sports memorabilia collectors who according to o.j. had his stuff. o.j. confronted the collectors apparently screaming and accusing them of stealing from him. but as we reported on our visit to that room back in 2008, o.j.'s defense hinged on exactly where he was and

what he saw. o.j. was here at the front of his group. so he was not aware, as far as anyone can say for sure, of the two of his accomplices who were behind him allegedly waving guns. either way, o.j. and the others then grabbed the pillowcases from the bed. they stuffed the items of memorabilia into these pillowcases and made their way out. o.j.'s claim at trial that he had no idea his accomplices had guns and never saw them during the robbery didn't save him from jail. and after being found guilty, he famously had this to say. >> i am sorry. i didn't mean to steal anything from anybody. and i didn't know i was doing anything illegal. i thought i was confronting friends and retrieving my property. i'm sorry for all of it. >> apparently he is still sorry and still blaming others. then it was those gun toting cohorts now it's his

allegedly incompetent lawyers. shep? >> jonathan hunt for us tonight. well, an update on the white house controversies that are consuming washington. the benghazi he emails. the irs targeting conservative groups and the justice department snooping on journalists with the associated press. so much action today. we'll update it for you next. [ agent smith ] i've found software that intrigues me. it appears it's an agent of good. ♪ [ agent smith ] ge software connects patients while dramatically reducing waiting time. [ telephone ringing ] now a waiting room is just a room. [ static warbles ] we're not in london, are we? no. why? apparently my debit card is. what? i know.

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of fox top story tonight. president obama announcing theist official is out after the tax agency targeted conservative groups. the white house rereleasing 100 pages of emails response to the deadly attack on benghazi. the white house says those emails prove officials tried to give the best information they this at the time. attorney general eric holder tells lawmakers he had nothing to do with the department snooping on journalists with the associated press. alg and on this day in 1973, nolan ryan started his run into baseball's record books throws his first of seven no hitters. nolan ryan was pitching for the california angels at the time. he struck out 12 scenes city royals and walked three. the ryan express threw his second no hitter exactly two months later. he ended his stellar career with more strikeouts than any other pitcher and threw his final no hitter at the age of 44 with the texas rangers. a team he now co-owns. but nolan threw his first

no-no 40 years ago today. now you know the news for this webs, may 15th, 2013. we had like six lead stories today. well, o'reilly will get to them. leftovers. >> bill: the o'reilly factor is on. tonight: transparency and the rule of law will be the touch stones of this presidency. >> wow. what happened to that? the obama administration is now stonewalling three separate controversies. and it is paying a terrible price. >> how does the president say with a straight face americans who trust their government? >> bill: tonight, we will report on all the controversies with bob beckel, kirsten powers, dennis miller, james rosen, and carl cameron. >> bill o'reilly wants to know how you think the country is doing right now. >> it's a longer discussion than a red carpet. bill buy the world stunned by actress angelina jolie underwent a double mastectomy. a close friend of ours did